North Carolina Expungement

North Carolina ExpungementBy law North Carolina allows expungement of certain records.
Expunction is the legal elimination of arresting records and conviction
records. Expunging a record makes it appear that the crime was never
committed and the arrest was never made. First-time offending minors
charged with misdemeanors have the opportunity to expunge their records
if the crime was committed when under the age of eighteen. Other adult
misdemeanors can be expunged if all requirements are met. Certain minor
gang offenses are also eligible along with certain drug offenses while
under the age of twenty-one. This can also include toxic vapor offenses
and conditional discharging of those under eighteen-years-old and those
charged with similar adult offenses.

Minor ExpungementMinors who have plead guilty to misdemeanors in a United States
court of law in North Carolina, or another state, and have not
beforehand been convicted of a felony may petition the court for
records expungement. This misdemeanor must have been committed while
the individual was under the age of eighteen and other misdemeanor
offenses may not follow, except minor traffic infringements. Minors are
also eligible for record expungement if they are convicted of a
possession of alcohol misdemeanor before reaching the twenty-one years
of age. North Carolina law states that two years must pass since the
conviction date before an individual may petition for expungement.
Probation must all be completed.
North Carolina Expungement PetitioningA petition for expungement includes a petitioner affidavit for
good behavior during the two years of time since the misdemeanor was
convicted; two affidavits of non-relatives stating the nature of the
individual's character; a statement claiming the petition is for a
certain conviction; affidavits from the chief of police, the clerk of
the superior court, and the county sheriff of the county where the
individual was convicted--these must show that the individual has no
other felony or misdemeanor charges on his or her record, other than
traffic violations, before or after the conviction at hand
occurred--and an affidavit from the individual stating that all ordered
restitution or civil judgments have been concluded. All completed
petitions will be served to the district attorney of the convicting
court. After ten days the file will be processed and a court date set.
Subsequent investigations may follow to verify the affidavits after the
petition has been presented to the judge.

During the hearing if the individual has not been convicted of
subsequent misdemeanor or felony and has found to have had good
behavior for the two-year time period, the petition for expungement can
be granted through the determining judge. In order for this to take
place the judge must also determine that the individual was under the
age of eighteen at the time of the offense and conviction. If the judge
finds that granting the petition is not in the favor of the court, he
or she has the power to deny the expungement. Once the petition is
granted the individual will legally be able to state in a court of law
that the incident never happened and cannot be sighted for perjury.
See also:
North Carolina MisdemeanorExternal link (opens in new window)
North Carolina FelonyExternal link (opens in new window)
North Carolina Gun LawsExternal link (opens in new window)

I was arrested in 2004 for dui was driving or vechical wasnt runinng was sleep..but charged with dui firstoffence. Then was sentence to prison for felony 9 years later they still got fines against me fir tickets never went to court

I live in mich and got a owui I just graduated nursing school its been a year since my arrest I have not taking my state boards iam scared they will deny my testing due to this is it expugnable so I may take my state board I work in the medical field now iam a c.n.a please help thank you

Since Oregon law, states that an individual who has been granted expungement of a conviction can legally answer that he has no criminal record, does this mean that a person can also answer that he or she has not been or arrested or charged with a crime?

Yes I had a bad check charge and they put a warrant out for my arrest on bad check that happened back in 2003, I forgot about it and had a reck and hit a vehicle by mistake I was upset they arrested me for bad check and warrant out for my arrest that i didnt even know about and I spent 72 hours in jail for bad check and they charged me with reckless endangerment and leaving scene of accident now they say I cant get these 2 expunged because of the prior conviction of bad check i really need it expunged i cant even get a decent job and by myself and support myself. Please help thank you